News & Analysis as of

Enforcement Priorities

Ogletree, Deakins, Nash, Smoak & Stewart,...

EEOC Letter Cautions Corporate America to Discontinue Unlawful DEI Programs

On February 26, 2026, U.S. Equal Employment Opportunity Commission (EEOC) Chair Andrea Lucas issued a letter to the 500 largest companies in the United States warning them of potential liability under Title VII of the Civil...more

BCLP

The SEC Revises its Enforcement Manual For the First Time Since 2017

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The SEC’s Enforcement Division last week announced the first major update to its Enforcement Manual in nearly a decade. ...more

Schwabe, Williamson & Wyatt PC

SBA Initiates Termination Proceedings Against 628 Additional 8(a) Firms

On March 4, 2026, the SBA announced that it had initiated termination proceedings against 628 firms in ‎the 8(a) Business Development Program. These firms were among the 1,091 previously suspended on ‎January 28, 2026, for...more

Kerr Russell

Practical Steps Employers Should Take to Avoid FTC Enforcement Action of Non-Competes

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It is rare for the Trump Administration to publicly agree with the enforcement decisions made by the Biden Administration, but that is exactly what happened in late January at the FTC’s workshop highlighting enforcement...more

Ballard Spahr LLP

Federal Focus on DEI Initiatives Expands in Corporate Hiring Practices and Regulated Industries

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Recent remarks from Trump Administration senior officials signal an expanding federal focus on diversity, equity, and inclusion (DEI) initiatives—particularly where they intersect with corporate hiring, promotion, and...more

Seyfarth Shaw LLP

2026 Crystal Ball:  What to Expect in the ADA Title III Universe This Year

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ADA Title III controversies continue unabated but there will be no new regulations.  ...more

Latham & Watkins LLP

Impactful Deterrence and Doing the Right Thing: The FCA’s Enforcement Strategy Unpacked

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The regulator’s newest caseload sheds some light on the latest priorities, and could well lead to important outcomes relating to the SMCR and the Consumer Duty....more

Fenwick & West LLP

CLE Takeaways - Trump 2.0: Antitrust Enforcement Trends and Deal Planning Strategies for 2026

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Antitrust enforcement under the second Trump administration has sparked both attention and debate as the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) advance the president’s priorities....more

Proskauer - Labor Relations Update

No Harm, No Foul? – NLRB and DOL Simultaneously Issue Directives to Relax Scrutiny in Certain Agency Investigations

On February 27, 2026, the National Labor Relations Board’s (“NLRB” or the “Board”) General Counsel, Crystal Carey, issued General Counsel Memorandum 26-03 (“GC 26-03”), which provides directives to NLRB Regional Offices...more

DLA Piper

SEC announces significant updates to Enforcement Manual: Key changes

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The United States Securities and Exchange Commission (SEC)’s Division of Enforcement has announced significant updates to its Enforcement Manual, which had not been revised since 2017....more

DLA Piper

Índice de Percepción de la Corrupción 2025: Puntos clave para las operaciones en América Latina

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Transparency International publicó recientemente su Índice de Percepción de la Corrupción (CPI) 2025, que clasifica a 182 países y territorios según sus niveles percibidos de corrupción en el sector público. ...more

Goodwin

SEC’s Division of Enforcement Announces Significant Updates to Its Enforcement Manual – The Changes Provide Important Transparency...

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On February 24, 2026, the Securities and Exchange Commission’s (“SEC” or the “Commission”) Division of Enforcement (the “Division”) announced that it had made “substantial” updates (the first since 2017) to its publicly...more

Miller Canfield

The NLRB Resets Its Enforcement Priorities: What Every Employer Needs to Know Now

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On February 27, 2026, newly appointed National Labor Relations Board (NLRB) General Counsel Crystal S. Carey issued Memorandum GC 26-03, providing updated case handling guidance to regional offices nationwide....more

Conn Maciel Carey LLP

[Webinar] Unique Cal/OSHA and West Coast Regulations - March 17th, 2:00 pm ET

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The Western States are home to some of the most unique state-plan states in the country, often implementing regulations requiring more than is required under federal OSHA. For employers operating in multiple jurisdictions or...more

Baker Botts L.L.P.

SEC Overhauls Enforcement Manual: What Investigated Entities Need to Know

Baker Botts L.L.P. on

On February 24, 2026, the U.S. Securities and Exchange Commission (“SEC”) announced significant updates to its Enforcement Manual (“Manual”), marking the first comprehensive overhaul of the Division of Enforcement’s...more

Cooley LLP

Updated SEC Enforcement Manual Emphasizes Engagement and Transparency

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On February 24, 2026, the US Securities and Exchange Commission (SEC) announced major updates to its Enforcement Manual (Manual), a guidance document the SEC staff uses when conducting investigations of potential securities...more

Eversheds Sutherland (US) LLP

SEC Enforcement Manual 2026 Update: One Key Takeaway And Several Process Changes

On February 24, 2026, the Division of Enforcement of the Securities and Exchange Commission (SEC) announced a broad set of revisions to its Enforcement Manual, last updated in 2017. The SEC will now review and refresh the...more

White & Case LLP

Trump Administration Announces New Trade Fraud Enforcement Initiative: What Companies Need To Know

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Background - On February 23, 2026, the US Department of Justice's (DOJ's) Cody Herche introduced himself as the new head of the recently-created Trade Fraud Task Force. ...more

Arnall Golden Gregory LLP

FTC Enforcement Priorities: What the Agency’s Actions Reveal About 2026 Risk

Key Takeaways - FTC enforcement in 2026 is concentrated on subscription practices, telemarketing, earnings claims, and auto-renewal models, with ROSCA, TSR, and the Business Opportunity Rule driving significant civil penalty...more

Foster Swift Collins & Smith

EBSA Updates National Enforcement Priorities for FY 2026

On January 15, 2026, the U.S. Department of Labor’s Employee Benefits Security Administration (“EBSA”) announced a major update to its national enforcement projects for fiscal year 2026. The changes are intended to focus...more

Foley & Lardner LLP

The SEC Enforcement Division Announces Significant Changes to Its Processes

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The Securities and Exchange Commission’s Division of Enforcement this week announced significant changes to its approach to investigating and determining whether to prosecute individuals and entities suspected by the Division...more

Mintz - Employment Viewpoints

The Whistleblower's Dilemma: Why Companies Must Act Swiftly on Internal Complaints in the Current DOJ Enforcement Era

Companies today face a critical crossroads when internal whistleblowers report potential misconduct. The Department of Justice's revised enforcement policies have created powerful—and competing—incentives that make swift,...more

Goodwin

SEC Chairman Atkins Speaks on Steps SEC is Taking to Encourage IPOs

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Welcome to Goodwin’s Public Company Advisory Practice News Roundup, which highlights the latest developments in SEC and stock exchange regulatory activity, corporate governance and other topics relevant to public company...more

Orrick, Herrington & Sutcliffe LLP

SEC announces significant updates to enforcement manual

On February 24, the SEC’s Division of Enforcement announced numerous revisions to its Enforcement Manual, marking its first significant revision to the manual since 2017. The SEC stated that future revisions to the manual...more

Holland & Knight LLP

DOJ Outlines FCA Enforcement for Contractor Violations of Antidiscrimination Laws

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Federal contractors and grant recipients are being asked to sign updated certifications on compliance with antidiscrimination laws in light of recent remarks by senior U.S. Department of Justice (DOJ) officials regarding use...more

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